If
one deposited a keg with another for safekeeping, and the custodian
moved the keg and it broke through an unavoidable accident, the law is
determined as follows:
If the custodian moved the keg for its
benefit, such as removing it from an unsafe place – he is not liable to
pay compensation, because he remains a custodian.
If however the
custodian moved the keg for his own benefit, then at this time he is
stealing it, and if it breaks while in his hands, he is liable. If he
put it down, then he returned the stolen item and again became a
custodian, so he is not liable.
